Just because you are charged with drunk driving, it does not mean that you should automatically be convicted on the charges. New Jersey law allows individuals many opportunities to legally defend themselves and get acquitted on the charges when appropriate.
Two defenses experienced NJ DWI attorneys can use in defending drunk driving charges are “mistake of law” and “mistake of fact.” A “mistake of law” defense involves conduct that an arresting officer incorrectly believes is against the law. A “mistake of fact” defense involves a situation where an error or misconception leads the arresting officer to mistakenly believe the driver has committed an offense. Generally, a mistake of law defense is more likely to assist you in fighting your DWI charges.
The Law Behind a “Mistake of Law” Defense
In State v. Fath, New Jersey Appellate Division court directly addressed a “mistake of law” defense. In that case, the individual alleged that the arresting officer committed a mistake of law that required dismissal of her DWI charges. The court ultimately found that the officer had actually made a mistake of fact, not law, and that the officer’s decision to stop the defendant’s motor vehicle was justified on other grounds.
More specifically, the arresting officer had, amongst other things, witnessed the defendant making a right turn on red in violation of a posted “no right turn on red” sign. The officer ultimately pulled over the defendant and charged her with drunk driving, careless driving, and “failing to observe a traffic signal prohibiting a turn on red.”
The defendant’s counsel moved to suppress the evidence the officer had obtained during the traffic stop, arguing that the “no right turn” sign was not an “official sign” under New Jersey law, and it was thus a mistake of law for the officer to stop her for making a right turn. The court overruled this argument and ultimately ruled that the officer made an “objectively reasonable mistake of fact” by assuming that the “no right turn on red” sign had the full force of the law. The court further held that the defendant’s carelessness to make a left turn justified the stop by the officer, regardless of whether the “no right turn” sign was legal or not.
Don’t Give Up! Fight the DWI Fight
Mistake of law and mistake of fact are not the only two DWI defenses. An experienced and aggressive drunk driving attorney can look at the facts of your case to determine whether other defenses may be available to successfully fight the DWI charges against you.
Call Us
If you or someone you know has been charged with an alleged drunk driving charge in New Jersey or New York, an experienced DWI attorney can help. For more information or to schedule a free consultation with New Jersey drunk driving attorney Dan T. Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404. One call can make a big difference.
